Protection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.
Table of Contents
Contents: Introduction: Community resources: coming to terms; Community, resources, resilience; The grand plan - intellectual property and the interpretation of knowledge; Intellectual property and other objects of protection; Intellectual property, international trade, international rights?; The tragedy of the commons; The cultural diversity in biodiversity; All over the place - land and the yarding of culture; Determining knowledge - human rights and community resources; Community, before the law; Conclusion: community, once and for all; Resources; Index.
Johanna Gibson is based at the Queen Mary Intellectual Property Research Institute, within the University of London, UK.
'Gibson brings to bear not only her legal training but also her training in critical theory as she examines the cultural and philosophical underpinnings of current legal practice...Community Resources is a challenging, thought-provoking work. Gibson skillfully combines anthroplogical, political, sociological, legal, and philosophical perspectives to shape the justifications for her proposed international convention.' The Law and Politcs Book Review 'International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.' Journal of Intellectual Property Rights 'This is an important and stimulating book...Johanna's research and breadth of analysis are remarkable. The author's conclusions are imaginative and stimulating. It is a splendid book containing an authoritative coverage and analysis with thought-provoking questions. It is a wonderful tool and a valuable starting point for research in the field of community resources.' Journal of Environmental Law